Many drivers believe that as long as they remain under the legal BAC limit in their area, they are safe from criminal DUI charges. Is this true?
How DUI Is Defined in Utah
Drivers in Utah may be charged with DUI if one of the following definitions is applicable to their case:
- The driver is found to be operating a vehicle while their blood alcohol content is over the legal limit of .05%.
- The driver is operating a vehicle while under the influence of any amount of alcohol or drugs that inhibit their ability to safely operate said vehicle.
- It can be proven that the driver had a BAC of .05% or higher at the time they were operating the vehicle.
The second point is what is especially important for the question – can you get a DUI after just one drink in Utah?
DUI Under The Legal Limit
Technically, yes, you can be charged with DUI even if you are under the legal limit. This is because of the part of the law stating that a driver can be charged with DUI if they are under the influence of any amount of a substance that affects their ability to drive safely. In these cases, the officer could create an argument against the driver, stating that the effects of just one drink were enough to impair their abilities.
Even if a breath test shows you are below .05% BAC, you could still be charged with DUI if the amount of alcohol you consume causes:
- Impaired judgment;
- Impaired decision-making abilities;
- Decreased physical coordination;
- Drowsiness;
- Or other effects that could be dangerous while driving.
DUI Defense Attorneys in Salt Lake City
No matter the circumstances of your arrest, our team at Lokken & Putnam, P.C. is here to help you defend yourself against DUI charges in Salt Lake City, Utah. Whether you were above or below the legal limit, there are strategies we can use to help build a strong defense for your case. Share the details of your situation with our team today; click here to reach out about an initial case consultation.